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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am writing another political thriller.

Resolved Question:

I am writing another political thriller. I know several branches of EU law. Whereas I know that Article 30 allows freedom of movement of people, finance and services, what treaty, regulation or directive allows EU immigrants to clasim UK benefits? Thanks Keith XXX

Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

The rights of EEA nationals to claIm social security benefits in the UK is based on UK law, not EU law and there are various UK Regulations and court cases dealing with this which you may see here:

http://www.freemovement.org.uk/new-habitual-residence-test-and-the-impact-on-returning-uk-nationals/

and here:

http://www.housing-rights.info/03_1_2_Housing_benefit_law.php#exempt-from-HRT
Customer: replied 2 years ago.

Very good.

What made the UK take such a radical step?

For example, EU regulation, directive or UK political decision?

Expert:  UKSolicitorJA replied 2 years ago.
It all began when the UK joined the European Community (as it was the called) on 1st January 1973 under the authority of the UK's European Community Act 1972 which you can read about here:

http://www.leeds.ac.uk/law/hamlyn/european.htm

All the best
UKSolicitorJA and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks

I thought I knew the Act but don't remember anything about EU migrants right to UK financial benefits, just a right to free movement without any direct or indirect effect to stem or modify that right.

I'll look into it further